St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-05-06
Bentham L, Bowen, respondent, VS.. The st.
Paul, Minneapolis 81 Manitoba Railroad
COmDluV aDDelant

SyllabuS-By general statue 1873, chapter
81, section 60, The fact that the fire which
caused the damage was scattered or thrown
from railway engine is made prima facie
evidence only of defects in the engine and
negligence of the employees of the company
In operating 1t, and not of negligence in
leaving the right of way in an unsafe condi-
ton. But where under the pleadings and
evidence the questions of negligence in
operating the engine and i'll leaving combusti-
bic matter on the right of way are both in
issue, II is not error as against mere general
exception for the court to charge the jury
generally that the fact that fire was scattered
from an engine was prima facie evidence of
negligence on part OF the railroad company.
Additional and moro specific instructions
should have been asked, limiting the appli-
cation of the instructions to the question of
negligence in the management of the engine.
Held also by q majority of the court that
upon the evidence in this case the question
of negligence of defendant in leaving COM
bustible matter on It's right of way was one of
fact for the jury. MITCHELL, j.
d. NJ Osborne & Co.., appellants, VS.. Peter
thompson, respondent
Syllabus = Where the holder of note
brings suit against the guarantor of collec-
ton without having first attempted to col
lect from the maker by due process of law
it is incumbent upon him in order to re-
cover to prove that tho maker was at the
maturity of the note. and still continues So
utterly 1nSolyent; that an action against him
would have been fruitless. Judgment af-
frmed. MITCHELL, j.
Thomas Coleman, respondent, VS.. The
Northern Pacific Railway Company, appel
liant.
Syllabus-Wherc the occupant of land en-
tered without color Of title there must be
actual occupancy to constitute adverse pos
session, and the adverse possession in such q
case is only co-extensive with such oecu-
pancy. Order affirmed. MITCHELL, j.
OTHER CASES.
The following eases were argued yesterday
ana submitted to the supreme court: John
sponaent: Gilbert Paulson ct NJ. respondents,
Us. d. NJ. Osborne IL Co., appellants; d. NJ.
Osborne Co., appellants, VS. Gilbert Paul
son ct al, respondents, and William Cairn-
cross respondent, vs.. John McGrann as ad-
'minlstrator, etc, ct al, appellants.
Congressman Thomas Wilson secured q
stay of thirty-fivc days in the Elgin and Plain
view townships VS.. the Winona & st. Peter
Railway company case in the supreme court.
DISTRICT COURT.
An action has been begun in the
district court by Louis NJ. Roy, an
infant, against the Northwestern
Masonic Aid association, of Chicago,
to recover 5000 insurance on the
life of his father. Mrs. Flora O..
\ originally made out payable to Flora
SRoy, a daughter of the director, but as
She died previous to her fathers death
the latter indorSed certificate, making
the policy payable to the plaintiff. The
will of the deceased was submitted to
probate and Charles Becllhofer was APP
nolsted guardian al litem of the plain
tiff, and the suit is brought under his
direction. Judge Brill granted the pc
tition for a trial, and the ease viii DC
placed on the calendar.
George f. IIason has begun All action
in the district court against Curtice *
Gray. The plaintiff alleges that on